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ABandoned use ?

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Latest post Tue, Feb 14 2017 6:52 AM by Drew. 0 replies.
  • Tue, Feb 14 2017 6:52 AM

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    ABandoned use ?

    I think I know that this is local politics 101 and not Code, but double check me 

    Local Zoning code was totally redone and re enacted ......Slightly after the new Code was enacted , a local college purchases an old run down off campus apartment building .....and totally empties it out , and it was likely empty at time ...and holds it out of any use for 3+ years . 

    I was an engineer , perhaps I missed something in meaning of word "one "  when used by developers means "three" ? 

    ABANDONED or ABANDONMENT
    The cessation of a use of property (land and/or structures) by the landowner for a period of one year, during which the landowner neither occupied, resumed the use or transferred the rights of the property to another person who used the property . "

    And

    C. 

    "Whenever the existing use of a building, structure or land shall hereafter be changed to a new use, parking and loading facilities shall be provided as required for such new use. However, if the existing use of land or structure was established prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter." 


    The nuances are not minor....for starters ...Code requires 50% impervious surface coverage and 1 parking space on site per apartment .    The now seeming abandoned structure has 100% coverage and zero parking .   And this is to be a total tear down, literally a total new hole in ground and no parking and a bigger higher apartment with more units .

    I read English in context of a building held out of use or occupancy for an extended term has no counted use ...did I miss something .    ( No variance for 100% coverage or zero parking has been sought ) 




    Hey I get it that Colleges are entitled to special rules...because after all they need it to enhance need  blind admissions ...and apartments / dorms are big revenue sources but what I'm worried about is the next 20 X larger project already in pipeline with similar extreme overstepping  .


    THanks 





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